Ms Da Silva applied to the ECtHR arguing that the UK had not complied with their duty under the ECHR, art 2, to ensure accountability and punishment of State agents for the fatal shooting of her cousin, Jean Charles de Menezes. The Court ruled that there was no violation of art 2. It considered that all aspects of the authorities’ responsibility for the fatal shooting had been thoroughly investigated. Both the individual responsibility of the police officers involved and the institutional responsibility of the police authority had been considered in depth.
Clare Montgomery QC and Hugh Southey QC were involved in this case. Alex Bailin QC acted for the Equality and Human Rights Commission which intervened in the case.